Baker Donelson

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165 Madison Avenue
Suite 2000
Memphis, TN 38103, United States
Phone: 901.526.2000
Fax: 901.577.2303
Practice Groups
Areas of Practice
  • Alternative Dispute Resolution (ADR)
  • Antitrust & Trade Regulation
  • Commercial Law & Contracts
  • Construction Law
  • Criminal Law
  • Energy & Utilities
  • Environmental Law
  • Finance & Banking
  • Government
  • Health
  • Immigration Law
  • Insurance
  • Intellectual Property
  • Labor & Employment Law
  • Litigation
  • Maritime Law
  • Mergers & Acquisitions
  • Products Liability
  • Real Estate
  • Science, Computers, & Tech
  • Taxation
  • Transportation
  • Wills, Trusts, & Estate Planning
  • Zoning, Planning & Land Use
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Locations
Other U.S. Locations
  • Alabama
  • D.C.
  • Florida
  • Georgia
  • Louisiana
  • Maryland
  • Mississippi
  • South Carolina
  • Tennessee
  • Texas
Other Countries
  • United Kingdom
Number of Attorneys
800+ Attorneys

Sanctuary Jurisdiction Policy Could Impact Disaster Recovery

On January 25, 2017, President Trump issued Executive Order 13768, "Enhancing Public Safety in the Interior of the United States." The full implications of this broadly written Executive Order are not yet known; however, it…more

Executive Orders, FEMA, Natural Disasters, Sanctuary Cities, State and Local Government

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Fee-Shifting Corporate Bylaws: What's the Law in Maryland?

In May 2014, the Supreme Court of Delaware held that a non-stock corporation could enact bylaws that could force a shareholder to pay the corporation’s legal fees, costs, and expenses if the shareholder sues the corporation and…more

Bylaws, Fee-Shifting, Shareholder Litigation, Shareholders

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Doctrine of Laches Does Not Apply to Patent Damages

The Supreme Court of the United States in a 7-1 decision held that patent defendants cannot assert the defense/doctrine of laches to shorten the six-year statute of limitations for damages claims for patent infringement. SCA…more

Laches, Patent Infringement, Patent Litigation, Patents

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Florida Court Rules Borrowers Who Surrender Property in Bankruptcy Can't Later Take it Back

Thanks to several recent United States Bankruptcy Court decisions in Florida, mortgage servicers should now expect borrowers who surrender their real property in bankruptcy to not contest foreclosure later. Since the bankruptcy…more

Bank of America, Bankruptcy Code, Borrowers, Chapter 13, Chapter 7

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Regulation A+: A Capital-Rising Method that is Ready for Franchising

In a prior article published in Franchising Today, we addressed the intersection of franchises and crowdfunding, a method of business financing which was made legal through rulemaking on the part of the Securities and Exchange…more

Accredited Investors, Capital Raising, Franchise Disclosure Document, Franchises, Franchisors

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So You Want To Sell Your Business… PART 4 of 4 – Engaging Advisors to Assist in the Sale

The time has come. You have well-thought-out reasons to sell your business. You have put your business in the best possible position for sale. You are ready to devote significant time and money to the sales process. Market…more

Accountants, Due Diligence, Non-Disclosure Agreement, Selling a Business

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Roadmap for Merger Decision-Making Process in Delaware

In a string of recent cases, the Delaware courts have given public companies a roadmap for structuring the decision-making process in merger transactions. Before delving into the recent decisions, it may help to understand the…more

Board of Directors, Breach of Duty, Business Judgment Rule, Controlling Stockholders, Corporate Counsel

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Power Company Plans to Capture Carbon Dioxide Emissions to Sell for Enhanced Oil Recovery

Cost overruns at a controversial coal-gasification plant under construction in Kemper County, Mississippi apparently have cost the CEO of Mississippi Power Company his job. Ed Day recently resigned and has been replaced by G…more

Carbon Capture and Sequestration, CEOs, Coal, Greenhouse Gas Emissions

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FTC and DOJ Warn HR Professionals Against Anticompetitive Hiring and Compensation Agreements

On October 20, 2016, the Federal Trade Commission (FTC) and the Department of Justice Antitrust Division (DOJ) issued a joint Antitrust Guidance for Human Resources Professionals to address antitrust issues associated with…more

Antitrust Violations, DOJ, FTC, Hiring & Firing, Human Resources Professionals

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Oil and Gas Gathering Contracts: Contracts Running With the Land or Running On Empty?

In a much anticipated ruling, Bankruptcy Judge Shelley Chapman has granted the motion of Sabine Oil and Gas Corporation (No. 15-11835, USBC SDNY) to reject certain executory contracts with Nordheim Eagle Ford Gathering, LLC and…more

Chapter 11, Commercial Bankruptcy, Covenants that Run With the Land, Energy Sector, Midstream Contracts

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Some H4 Spouses of H-1Bs Can Apply for Work Cards Beginning May 26, 2015

On Tuesday, February 24, the United States Citizenship and Immigration Services (USCIS) announced that, effective May 26, 2015, USCIS will begin accepting applications for work authorization of H-4 spouses of two groups of H-1B…more

DHS, Employment Authorization Documents (EAD), H-1B, H-4 Spouses, Spouses

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Just Play the Game: Sixth Circuit Says Student-Athletes Have No Right of Publicity in Game Broadcasts

In a short, sharp opinion filed August 17, 2016, a three-judge panel on the Sixth Circuit Court of Appeals affirmed dismissal of a class action lawsuit brought by ten former college athletes asserting they were entitled to…more

Broadcasting, Corporate Counsel, Lanham Act, Name and Likeness, NCAA

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Interior Secretary Sally Jewell: No Drilling in Atlantic Ocean

In a major reversal of the 2017-2022 Outer Continental Shelf Oil and Gas Leasing Program announced by the Obama administration on January 28, 2015, Interior Secretary Sally Jewell announced yesterday that the U.S. government…more

Department of the Interior, Energy Sector, Offshore Drilling, Oil & Gas, Outer Continental Shelf

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CFPB Shifts Focus to Auto Lending Industry

Auto lenders and servicers be advised: the Consumer Financial Protection Bureau (CFPB) turns its lonely eyes to you. On June 17, 2015, the CFPB brought an action in the Southern District of Ohio against Security National…more

Automotive Industry, Automotive Loans, CFPA, CFPB, Compliance

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CMS Relaxes Proposals for Returning Overpayments, but Significant Questions Remain

On Thursday, the Centers for Medicare and Medicaid Services (CMS) published a long awaited final rule that fleshes out the requirement for health care providers and suppliers that participate in Medicare Parts A and B to report…more

60-Day Rule, CMS, False Claims Act (FCA), Health Care Providers, Medicare Part A

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Managing Regulatory Risk in Nursing Home-Hospice Arrangements

Challenges of Nursing Home-Hospice Arrangements. As a nursing home resident's life expectation sunsets, transfer of the resident from the restorative care of a skilled nursing facility (SNF) to the palliative care of a hospice…more

Hospice, Nursing Homes

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Varsity Brands Earns Hard-Fought Win in Supreme Court Ruling Designs on Cheerleading Uniforms Are Copyrightable

The United States Supreme Court, in the case Star Athletica, LLC v. Varsity Brands, Inc., et al., Case No. 15-866, ruled in a 6-2 opinion that two-dimensional designs incorporated onto three-dimensional useful articles (here,…more

Cheerleaders, Copyright, Copyright Infringement, Fashion Design, SCOTUS

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Executive Order Results in IRS' Reconsideration of Plan to Reject Certain Returns Missing Health Insurance Information

The IRS recently announced that it will not automatically reject individual income tax returns on which a taxpayer has failed to indicate whether they maintained qualifying health insurance coverage during the year for the 2017…more

Affordable Care Act, Health Insurance, IRS, Penalties, Reporting Requirements

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The Spotlight on Pay Equity is Here to Stay

On January 29, 2016, the Equal Employment Opportunity Commission (EEOC) announced proposed rules that would require all employers with 100 or more employees – not just federal contractors as had been anticipated – to add W-2…more

Comment Period, Data Collection, EEO-1, EEOC, Equal Pay

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New Amendments to Florida's Proceedings Supplementary Statute Offer Clarity and Guidance for Judgment Creditors

Chapter 56 of the Florida Statutes provides the framework for judgment creditors to collect amounts owed pursuant to money judgments. Within Chapter 56, Section 56.29 governs the process by which a judgment creditor may seek to…more

Collection Action, Discovery, Fraudulent Transfers, Judgment Creditors, Third-Party

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Buying and Selling Your HUD-Financed Long Term Care Project: Navigating the TPA Process

So you have refinanced your long term care facility with Federal Housing Authority (FHA)-insured financing – a nonrecourse, 30-year (or longer) loan at an amazingly low fixed interest rate. Yes, the process may have been…more

Change of Ownership, Fair Housing Act (FHA), Financial Institutions, Financing, Healthcare

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City of Birmingham Raises Minimum Wage, Establishes Severe Employer Penalties in Aggressive Wage and Hour Ordinance

On August 18, 2015, the Birmingham, Alabama, City Council passed an aggressive wage and hour ordinance that raises the minimum wage to $10.10 by July 1, 2017. Presently, the minimum hourly wage in Alabama is $7.25, which is the…more

Minimum Wage, Tip Credit, Tipped Employees, Tips, Wage and Hour

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Failing to Pay Proper Wages on Government Contracts Can Lead to Liability Under the False Claims Act

For FY 2016, there are more than 36,000 federal government construction contracts where Davis-Bacon Act, 40 U.S.C. § 3142, prevailing wages applied. According to www.spending.gov, these types of contracts accounted for $9…more

Construction Project, Davis-Bacon Act, DOL, False Claims Act (FCA), False Implied Certification Theory

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Bill Introduced to Curtail the Stark Law's In-Office Ancillary Services Exception

On August 1, Rep. Jackie Speier (D-CA) introduced H.R. 2914, the Promoting Integrity in Medicare Act. The legislation would provide that the Stark Law's in-office ancillary services (IOAS) exception is not available for…more

CMS, Healthcare, HHS, Medical Devices, Medical Expenses

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IRS Issues Final Regulations for Charitable Hospitals

On December 29, 2014, the Internal Revenue Service and the Department of Treasury issued final regulations on requirements described in Section 501(r) for charitable hospitals exempt from federal income tax under Section…more

Charitable Organizations, CHNA, Exempt Organizations, Final Rules, Hospitals

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Federal District Court Rules Favorably for Medical Device Manufacturer in Off-Label Promotion Lawsuits

On April 13, 2015, in the case of Kathleen Hafer v. Medtronic, Inc., the United States District Court for the Western District of Tennessee issued a favorable opinion to a medical device manufacturer in the context of preemption…more

Leave to Amend, Manufacturers, Medical Devices, Medtronic, Misrepresentation

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Vicarious Liability of Motor Vehicle Lessors in Canada

The equipment finance industry breathed a sigh of relief when Federal legislation was enacted in 2005 preempting state laws imposing vicarious liability on lessors of motor vehicles. That relief may have been premature if the…more

Automotive Industry, Automotive Loans, Canada, Cars, Leases

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New HUD Guidance for Long Term Care Industry

On April 25, 2014, HUD issued a new Mortgagee Letter (Mortgagee Letter 2014-06) that implements revised policies with respect to master leases and portfolios for HUD-insured financing of long term care facilities. This letter…more

Commercial Leases, Financing, HUD, Leases, Long Term Care Facilities

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New Salary Threshold Is One Step Closer to Reality

Buckle your seat belts: the new pay regulations may be coming out as early as this April or May. Yesterday, the Department of Labor (DOL) forwarded its proposed final overtime regulations to the White House's Office of…more

DOL, Final Rules, FLSA, Minimum Salary, OMB

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HHS OIG Expands Safe Harbors, but Doubles Down with Enhanced Civil Monetary Penalties

The Office of Inspector General (OIG) of the U.S. Department of Health and Human Services (HHS) published two rules on December 7, 2016, updating certain existing safe harbor regulations, adding new safe harbor rules under the…more

Civil Monetary Penalty, FQHC, Health Care Providers, HHS, Medicare

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Murphy Oil USA v. NLRB: The Fifth Circuit and the NLRB Remain in Disagreement Over Arbitration Agreements that include Class and Collective Action Waivers

If persistence is what you want from the NLRB, then you are probably happy with the Board’s recent ruling on Murphy Oil USA’s class and collective action waivers. In case you missed it, the NLRB held that employment arbitration…more

Class Action Arbitration Waivers, Collective Actions, D.R. Horton v NLRB, FLSA, Murphy Oil USA

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WHITE PAPER: .bank is here!

A white paper from OBER/KALER describing what you need to know about .bank - Sunrise is on the horizon for .bank. A new Internet land rush begins mid-2015 for websites bearing the extension .bank, the financial world’s…more

gTLD, ICANN, Online Banking, Trademarks

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What the Mahalo??

Although commonly known, judgment creditors rarely utilize the charging order as a collection mechanism. This may change as a result of recent case law developments. The charging order has long been recognized in the partnership…more

Charging Orders, Creditors, Jurisdiction, Limited Liability Company (LLC), Partnerships

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OFAC Further Amends Cuban Assets Control Regulations – President Obama Authorizes More Travel and U.S. Presence in Cuba

On March 16, 2016, in what could be the final set of amendments to the Cuban Assets Control Regulations (CACR) under the Obama Administration, the Office of Foreign Assets Control (OFAC) published a final rule that further…more

Cuban Assets Control Regulations (CACR), Final Rules, General Licenses, OFAC, Trade Relations

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Executive Order Results in IRS' Reconsideration of Plan to Reject Certain Returns Missing Health Insurance Information

The IRS recently announced that it will not automatically reject individual income tax returns on which a taxpayer has failed to indicate whether they maintained qualifying health insurance coverage during the year for the 2017…more

Affordable Care Act, Health Insurance, IRS, Penalties, Reporting Requirements

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Nonunion Employees Striking – How to Respond

A National General Strike has been announced for February 17, 2017 as a “peaceful display of resistance and solidarity” to protest the Trump Administration’s policies. This “strike” poses thorny legal issues for nonunion…more

Employer Liability Issues, Protected Concerted Activity, Strike, Trump Administration

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Delayed ETA for EPMs – CMS Delays New Bundled Payment Models

On March 21, 2017, CMS issued the anticipated delay related to the new Episode Payment Model (EPM) bundled payment program regulations that were finalized in January. The rule, Advancing Care Coordination Through Episode Payment…more

Bundled Payments, CCJR, CMS, Delays, Episode Payment Models (EPM)

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WHITE PAPER: .bank is here!

A white paper from OBER/KALER describing what you need to know about .bank - Sunrise is on the horizon for .bank. A new Internet land rush begins mid-2015 for websites bearing the extension .bank, the financial world’s…more

gTLD, ICANN, Online Banking, Trademarks

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Coalition of Lawyers and Civil Rights Groups Brings Down Corporate Bad Guy in Alabama

Wonderful news today in Alabama – private probation company Judicial Correction Services (JCS) is high-tailing it out of the State after several years of being repeatedly sued over its mistreatment of low income people who are…more

Injunctive Relief, Probation

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Spotlight on Tennessee: Department of Revenue Proposes Tax Regulations

The Tennessee Department of Revenue (the Department) is in the process of proposing a wide range of regulations addressing current state tax laws. The purpose of this project is to promulgate new regulations to clarify and…more

Business Taxes, Department of Revenue, Enforcement Actions, Excise Tax, Franchise Taxes

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Five Changes to the Tennessee Nonprofit Corporation Act That You Need to Know

The following are five important changes to the Tennessee Nonprofit Corporation Act (the Act) which became effective January 1, 2015: 1. Affirmative Disclosure Requirement to Report Up the Chain of Command; 2…more

Board of Directors, Corporate Conversions, Disclosure Requirements, Fiduciary Duty, Indemnification

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U.S. Department of Labor Issues More Stringent Regulations for the Review of Disability Benefit Claims

The Department of Labor (DOL) published the Final Rule on December 19, 2016, revising the regulations addressing claims procedures for ERISA plans providing disability benefits. These claims procedures were developed pursuant to…more

Affordable Care Act, DOL, Employee Benefits, ERISA, Final Rules

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Implementing An Employee Wellness Program? Be Careful - The EEOC Is Interested

According to recent studies, over 90% of employers offer some type of wellness incentives to their employees. This is a significant jump from 2009 when only a little over half of employers had employee wellness programs, and the…more

Adverse Employment Action, Corporate Counsel, EEOC, Employer Liability Issues, Enforcement Actions

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Reading the CFPB Amicus Tea Leaves

Because the CFPB is still a young agency, having formed in 2011 pursuant to the Dodd-Frank Wall Street Reform and Consumer Protection Act of 2010 (Dodd-Frank), the enforcement record of the Agency is somewhat limited, not by…more

Amicus Briefs, Cause of Action Accrual, CFPB, Corporate Counsel, Dodd-Frank

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Regulation A+: A Capital-Rising Method that is Ready for Franchising

In a prior article published in Franchising Today, we addressed the intersection of franchises and crowdfunding, a method of business financing which was made legal through rulemaking on the part of the Securities and Exchange…more

Accredited Investors, Capital Raising, Franchise Disclosure Document, Franchises, Franchisors

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CFPB Cites Violations of Regulation X

The CFPB recently cited several loan servicers for violations of Regulation X that stemmed from "outdated and deficient servicing technology." The CFPB announced in its June 2016 Supervisor Highlights: Mortgage Servicing,…more

CFPB, Loss Mitigation, Mortgage Servicers, Mortgages, Regulation X

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Final Version Of Bill To Reduce The Number Of Votes Required To Amend Bylaws Passed With Amendments

Both houses of the Maryland General Assembly have passed an amended version of legislation that would reduce the number votes required to amend condominium bylaws. As amended, what originated as House Bill 789 would reduce the…more

Bylaws, Condominium Associations, Condominiums

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HHS Finalizes Rule Aimed at Stabilizing ACA Individual Marketplace

On Thursday, April 13, the Department of Health and Human Services finalized a long-awaited regulation intended to stabilize the Affordable Care Act (ACA) individual health insurance marketplace. The final rule tracks closely to…more

Affordable Care Act, Final Rules, Health Care Providers, HHS, Open Enrollment

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Hearing Held on McCarran Repeal Legislation

On February 16, the House Judiciary Subcommittee on Regulatory Reform, Commercial and Antitrust Law held a hearing to consider H.R. 372, the "Competitive Health Insurance Reform Act of 2017." The legislation, introduced by…more

Antitrust Provisions, Health Insurance, Insurance Industry, McCarran-Ferguson Act

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Eight Keys to Securing Portable Devices

Securing physical worksites and workspaces is by now old hat. We all know file cabinets should be locked, worksites secured and personal access to information monitored. Securing portable devices, however, often receives less…more

Confidential Business Information (CBI), Confidential Information, Cybersecurity, Data Protection, Encryption

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Lender Involved Condemnation Part 2: Lender Concerns in Condemnation

This is the second installment in a series of articles related to lender-involved condemnations. The first installment provided a basic discussion of eminent domain and condemnation principles…more

Condemnation, Eminent Domain, Lenders, Risk Management, Takings

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CFPB Demonstrates its Broad Scope

While it has only just begun its third year, the CFPB has already left its mark with a series of recent enforcement actions. Below are four examples of how the CFPB has wielded the broad scope of its mandate…more

Bonuses, Capital One, CFPB, Debt-Relief Industry, Enforcement Actions

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NLRB Takes Aim at Non-Union Employers

The National Labor Relations Board (NLRB) recently handed down a series of decisions that challenged the fundamental tenet of the employee-employer relationship: at-will employment. This new affront came on the heels of a…more

At-Will Employment, Confidential Information, Internal Investigations, NLRA, NLRB

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Bartram Affirmed: Florida Supreme Court Provides Guidance For Filing a Successive Foreclosure Action Post Dismissal

Nearly a year after hearing oral argument on the matter, the Supreme Court of Florida affirmed the decision of the Fifth District Court of Appeal in Bartram v. U.S. Bank, N.A., SC14-1265 (Fla. Nov. 3, 2016), holding that a…more

Foreclosure, Mortgage Lenders, Mortgage Servicers, Mortgages

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Wage and Hour Focus in the Energy Sector Alive and Well

The U.S. Department of Labor’s (DOL) focus on wage and hour violations, which caught the oil and gas industry by surprise a little more than six years ago, continues to cause problems for the energy sector. Most recently, the…more

DOL, Energy Sector, FLSA, Oil & Gas, Over-Time

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Virginia General Assembly Addresses Fourth Circuit Decision to Uphold Statutory Cap on Recovery by Public Works Contractors for Changed Work

In Carnell Construction Corp. v. Danville Redevelopment & Housing Authority, 745 F.3d 703 (2014), the United States Court of Appeals for the Fourth Circuit upheld the trial court’s ruling that, without government approval, the…more

Change Orders, Construction Contracts, Damage Caps, Modification, Proposed Amendments

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The Meaning of "No" – Putting the Italian Referendum in Perspective

Italian voters overwhelmingly rejected a set of constitutional changes that would have streamlined Italy's government and consolidated power in the hands of the Prime Minister's office. The practical impact of the "No" vote on…more

Italy, Prime Minister, Referendums

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Republican ACA Replacement Passes House Committees on Party Line Votes

On Thursday, March 9, after two overnight markups (one lasting 18 hours and one more than 27 hours), the House Ways and Means Committee and House Energy and Commerce Committee voted 23 to 16 and 32 to 23, respectively, to…more

Affordable Care Act, Health Insurance, Healthcare Reform, Proposed Legislation, Repeal

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Supreme Court Steps Back, Punts on Student Transgender Bathroom Access Case for Now

When the United States Supreme Court agreed last October to hear the appeal of the Gloucester County School Board from the United States Court of Appeals for the Fourth Circuit in the matter of Gloucester County School Board v…more

Gender Identity, Gloucester County School Board v G.G., LGBTQ, School Restrooms, Title IX

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CMS Finalizes New SRDP Disclosure Form and Process

Parties disclosing actual or potential violations of the Stark law will use a new series of forms under CMS's Voluntary Self-Referral Disclosure Protocol (SRDP) process as of June 1, 2017. According to CMS, the new forms present…more

CMS, Disclosure Requirements, Health Care Providers, Hospitals, Physicians

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Attention Grammar-Lovers: First Circuit Proves Importance of the Oxford Comma

Think twice the next time you decide to forego the Oxford comma. For the non-grammar nerds in the room, the Oxford comma, otherwise known as the serial comma, is the comma used just before the coordinating conjunction (“and” or…more

Employer Liability Issues, Over-Time, Popular, Wage and Hour

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Texas Supreme Court Reinforces that Subcontractors May be Liable to Property Owners

On August 22, 2014, the Texas Supreme Court ruled that both the trial court and the court of appeals improperly dismissed a property owner's claim for negligence against a subcontractor for improper plumbing installation in…more

Breach of Duty, Contractors, Duty of Care, Negligence, Property Owners

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EPA Finalizes Methane Emissions Limits for Oil and Gas Industry

On May 12, 2016, the Environmental Protection Agency (EPA) released its final rules establishing – for the first time – limits on methane emissions. In addition to creating the new methane emissions standards, the amendments to…more

Climate Action Plan, Climate Change, EPA, Final Rules, Methane

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New York AG Puts Mobile Health App Developers on Notice

New York Attorney General Eric T. Schneiderman announced on Friday that the AG's office reached settlements with three mobile application developers who marketed their apps without possessing sufficient information to back up…more

App Developers, Attorney Generals, FDA, Mobile Health Apps

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American Apparel to Send 3,500 Workers Home: What You Need to Remember About the WARN Act

In the fallout of American Apparel's planned Chapter 11 bankruptcy, the clothing manufacturer warned almost 3,500 employees in its California locations that they may be laid off come the first of the year. Documents published by…more

Employer Liability Issues, Hiring & Firing, Layoff Notices, Layoffs, Notice Requirements

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Annie Get Your Gun – Court Rules Termination For Bringing Gun to Work Unlawful

In a recent decision that could have implications in many states, a federal appeals ruled that an employee could state a claim for wrongful termination under state law after being discharged for storing a gun in his car on…more

Employer No-Weapons Policies, Gun Laws, Guns-in-Trunks Legislation, Hiring & Firing, Wrongful Termination

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CMS Releases the 2016 OPPS Final Rule

On November 1, 2016, CMS published its final policy changes, quality provisions, and payment rates for 2017, as they relate to the Medicare Hospital Outpatient Prospective Payment System (OPPS) and Ambulatory Surgical Center…more

Affordable Care Act, Ambulatory Surgery Centers, Bipartisan Budget Act, CEHRT, CMS

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Seventh Circuit Sidelines Claims That Student-Athletes Are "Employees" Under The FLSA

The NCAA and its member institutions scored another win last week in a Chicago courtroom when the Seventh Circuit closed the book on former student-athletes' proposed class action claiming that their participation in college…more

Colleges, Educational Institutions, FLSA, Minimum Wage, NCAA

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Health Care Legislation Maryland 2016 First Interim Report

The bills cited and reviewed in this Report are not an exhaustive presentation of all healthcare legislation. Rather, they represent either proposed or adopted legislation that we believe are among the most beneficial, curious…more

Acupuncture, Chiropractors, End-of-Life-Care, FTC, Health Care Providers

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Spotlight on Alabama: Department of Revenue Announces 2016 Tax Amnesty Program

The Alabama Department of Revenue (DOR) has announced the conditions, requirements and limitations of its tax delinquency amnesty program for 2016 (the Amnesty Program), pursuant to the Alabama Tax Delinquency Amnesty Act of…more

Business Taxes, Department of Revenue, Income Taxes, State Taxes, Tax Amnesty

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Is It Time to Take a Fresh Look at Your Parental Leave Policy?

In 2014, Baker Donelson's Women's Initiative decided it was time to revisit our decade-old parental leave policy. While the policy was still competitive in our market, offering 12 weeks of leave for primary caregivers, we wanted…more

Employee Benefits, Employer Liability Issues, Employment Policies, Parental Leave, Wage and Hour

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CMS Issues Instructions to Hospitals Regarding the Implementation of Ruling 1498-R2

In April 2015, CMS issued Ruling 1498-R2 addressing the calculation of the Medicare fraction of the disproportionate share hospital (DSH) adjustment for patient discharges prior to October 1, 2004. CMS has now issued…more

CMS, Disproportionate Share Adjustments, Hospitals, Medicare, Medicare Part A

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Women's Initiative Newsletter - Issue 3, 2014

The Baker Donelson Women’s Initiative is pleased to present the latest issue of our newsletter. Our Newsletter Chairs, Jennifer Keller and Amy Mahone, have done a fantastic job and I know that you will find it useful and…more

Career Development, Client Services, Professional Development, Professional Networking, Women in the Law

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HHS: Providers May Be Able to Subsidize Premiums For Uninsured in Marketplace Plans

An announcement October 30 from Health and Human Services Secretary Kathleen Sebelius could remove the first hurdle for providers wishing to offer premium support for individuals eligible for health insurance on the Health…more

Affordable Care Act, Anti-Kickback Statute, Health Insurance, Health Insurance Exchanges, Healthcare

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Women's Health Tip: I'm SO STRESSED

I had a bad week. A really bad week. No one died. There was no terminal diagnosis. No damage that is permanent. But it was bad enough that I started questioning my goals and priorities. It also got me thinking of a trip to Napa…more

Stress Reduction, Work-Induced Stress

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Obama's Clean Power Plan Rule Halted By SCOTUS

On February 9, 2016, the Supreme Court of the United States (SCOTUS) took an unprecedented step by halting the implementation of the Obama Administration's federal regulation to control carbon dioxide emissions, generally…more

Carbon Emissions, Clean Air Act, Clean Power Plan, Climate Change, Coal-Fired Generation

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Justice Scalia’s Sudden Death: What Does It Mean for You?

The news of Justice Antonin Scalia’s death at a hunting lodge in Texas on February 13th rocked the country over Valentine’s weekend. The timing and suddenness of the staunch conservative’s death during President Obama’s last…more

Affirmative Action, Affordable Care Act, Contraceptive Coverage Mandate, Justice Scalia, Legislative Agendas

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A Wage and Hour Pitfall: Paying Bonuses to Non-Exempt Employees Can Lead to Trouble

Most employers today recognize that the Fair Labor Standards Act (FLSA) requires that they pay non-exempt employees an overtime premium for working more than 40 hours in any given workweek. What most employers do not recognize,…more

FLSA, Non-Exempt Employees, Over-Time, Wage and Hour

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Todd Construction v. United States: Navigating Performance Evaluation Claims in the Court of Federal Claims

A default termination can be a nightmare for a contractor that bids on federal projects, but a negative performance evaluation can prove just as troublesome for a contractor that finishes the job. The Federal Acquisition…more

Construction Industry, Contract Disputes, Court of Federal Claims, Federal Acquisition Regulations (FAR), Federal Contractors

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eDiscovery Proportionality Review: Three Key Themes

Substantial changes to the Federal Rules of Civil Procedure (FRCP) went into effect on December 1, 2015. The upshot of these amendments was to change several important procedural aspects of the FRCP governing eDiscovery (the…more

Discovery, Electronically Stored Information, Federal Rules of Civil Procedure

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HHS OIG Expands Safe Harbors, but Doubles Down with Enhanced Civil Monetary Penalties

The Office of Inspector General (OIG) of the U.S. Department of Health and Human Services (HHS) published two rules on December 7, 2016, updating certain existing safe harbor regulations, adding new safe harbor rules under the…more

Civil Monetary Penalty, FQHC, Health Care Providers, HHS, Medicare

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Obama Signs Bill Making Changes to Affordable Care Act

On October 7, President Obama signed into law H.R.1624, the Protecting Affordable Coverage for Employees Act. The act amends a provision of the Affordable Care Act (ACA) to allow states to opt out of the scheduled expansion of…more

Affordable Care Act, Eligibility, Health Insurance, Healthcare, Obama Administration

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Update on First 60-Day Case

A settlement was reached on August 23, 2016, in U.S. ex rel. Kane v. Healthfirst, Inc., et al., No. 11 CIV. 2325 (ER) (SDNY), a little over one year after the judge in that case issued the first judicial interpretation of the…more

60-Day Rule, Affordable Care Act, False Claims Act (FCA), Hospitals, Interpretive Opinions

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Employers Beware of the Cat's Paw

The cat scratches again! Five years ago, the United States Supreme Court handed down Staub v. Proctor Hospital, wherein it held that an employer may be liable for a supervisor's discriminatory animus when the independent…more

Adverse Employment Action, Cat's Paw, Employment Discrimination, Hiring & Firing, Retaliation

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Houston Shareholder Dedicated to Profession and Helping Others

Eddy De Los Santos grew up in Port Isabel, Texas, where he lived until graduating high school in 1991. He went on to begin his undergraduate career at Texas A&M, receiving a Bachelor of Business Administration in Management…more

Business Development, Law Firm Associates

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Final Rule Implements Quality Payment Program under MACRA

If you are a physician, mid-level provider, or work with those providers, then you have been bombarded with new acronyms for new programs and promises to remove older acronyms from your Medicare vocabulary. Medicare…more

Advanced Care Directives, Affordable Care Act, Alternative Payment Models (APM), CEHRT, CMS

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CFPB Explores Use of Alternative Data in Calculating Credit Scores

The CFPB is exploring the use of alternative data in an effort to expand credit access to consumers who lack enough of a credit history to obtain a credit score. Traditionally, a credit score is based on a consumer's history of…more

CFPB, Credit Reporting Agencies, Credit Reports

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Women's Initiative Newsletter - Issue 3, 2014

The Baker Donelson Women’s Initiative is pleased to present the latest issue of our newsletter. Our Newsletter Chairs, Jennifer Keller and Amy Mahone, have done a fantastic job and I know that you will find it useful and…more

Career Development, Client Services, Professional Development, Professional Networking, Women in the Law

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What Happens if You Wait Too Long to File Your Patent Case?

Patent owners recently were reminded that delay in pursuing patent infringers can be fatal. A patent lawsuit that is not filed timely can be blocked by the doctrine of laches, even to the extent of preventing the patent owner…more

Laches, MGM, Patent Infringement, Patent Litigation, Patent Royalties

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What Fluctuating Oil Prices Mean for Patent Infringement Lawsuits

A notable trend has developed between the price of oil and gas and the prevalence of patent infringement lawsuits. As the price of oil plummeted, the number of patent infringement lawsuits in the oil business has increased…more

Oil & Gas, Patent Infringement, Patents, Popular, USPTO

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Keeping the Benefit of Your Bargain: Strengthening Your Right to Prepayment Premiums

Anyone involved in commercial lending transactions is familiar with provisions of loan agreements that provide for compensation to the lender in the event the indebtedness is paid in advance of the contemplated due date. These…more

Commercial Bankruptcy, Commercial Leases

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First Circuit Reinstates Consumer Action Previously Dismissed on FDCA Preemption Grounds

In 2014, Ronda Kaufman brought a proposed nationwide class action against drug store giant CVS alleging that the labeling of its Vitamin E supplements misled consumers about heart health benefits. Kaufman's complaint, among…more

Class Action, CVS, Dietary Supplements, FDCA, Preemption

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Alumni Profile: Steven King – Ducks Unlimited

Steven King worked with Baker Donelson for six years as an associate in the Memphis office and is now the assistant general counsel for Ducks Unlimited (DU), a long-time client of the Firm. While a number of our attorneys keep…more

Professional Development, Young Lawyers

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Trump Pares Down Travel Ban in Revised Executive Order

On March 6, President Trump issued a revised Executive Order (EO), effective on March 16, 2017, to replace the prior order of January 27 with more limited and prospective restrictions on travel for nationals of six countries,…more

Executive Orders, Foreign Nationals, Refugees, Travel Ban, Trump Administration

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The Sixth Circuit: “Honest Belief” of FMLA Misuse May Not Be Enough to Defeat FMLA Interference Claims

Eddie Employee is an hourly employee of Company, Inc. Eddie notifies Sally Supervisor that he will undergo surgery, and will need continuous medical leave to recover. While out on leave, Eddie’s co-workers, who are “friends”…more

Employer Liability Issues, FMLA, Hiring & Firing, Retaliation, Wage and Hour

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Consumer Data Privacy in Bankruptcy

Bankruptcy law and privacy law may appear to be wholly separate areas of the law, but they overlap more than one might anticipate. Balancing individual rights and interests to achieve a social good is at the heart of both…more

BAPCPA, Chapter 11, Commercial Bankruptcy, Data Privacy, FTC

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What Employers Need to Know - Requests for Medical Information and the Genetic Information Nondiscrimination Act: Avoiding a Hidden Pitfall

The Genetic Information Non-discrimination Act took effect in November 2009. It should also be noted that many States, including Maryland, have separate statutes prohibiting the acquisition of genetic information and…more

Discrimination, EEOC, Employer Liability Issues, Genetic Materials, Genetic Testing

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Transocean/BP Settlement Ends Texas Law Insurance Dispute: What Are the Possible Future Implications?

A lesser known but interesting legal issue regarding the 2010 BP oil spill was whether an operator (BP) could recover insurance proceeds as an additional insured under its driller's (Transocean) insurance policies for…more

Additional Insured, BP, Gulf Oil Spill, Insurance Litigation, Master Service Agreement

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Employment Reform Legislation Passes Tennessee Legislature

On April 16, 2014, the Tennessee General Assembly, at the urging of Baker Donelson, passed significant employment litigation reform that will benefit employers throughout Tennessee. The bill places caps on compensatory damages,…more

Damages, Employer Liability Issues, Pain and Suffering

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New ITAR Rules Possible: DDTC Rulemaking Unaffected By Trump Executive Order Limiting New Regulations

The Deputy Assistant Secretary of State for Defense Trade Controls made clear last week that the State Department’s Directorate for Defense Trade Controls (DDTC), which is responsible for the International Traffic in Arms…more

DDTC, Executive Orders, Export Controls, ITAR, Trump Administration

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Comparison of Maryland Trust Act to Current Maryland Law and the Uniform Trust Code

To incorporate the Maryland Trust Act (“MTA” or “Act”) into Maryland law, the Act is added as new Title 14.5 of the Estates and Trusts Article, with ten subtitles. Existing Title 14, Subtitle 1 of the Estates and Trusts Article…more

Uniform Trust Code

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Tax Season Becomes "Spear Phishing" Season for Cybercriminals

Imagine this scenario. Your HR team receives an email from your CEO: "I want you to send me W-2s of employees' wage and tax statement for 2015, I need them in PDF file type, you can send it as an attachment." They hurry to get…more

Cyber Attacks, Cyber Threats, Cybersecurity, Phishing Scams, Popular

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Bank Websites Targeted for Title III ADA Violations – 12 Ways to Comply

An increasing number of companies in the banking industry are reporting receiving demand letters from law firms alleging website violations under Title III of the Americans with Disabilities Act (Title III). These letters claim…more

ADA, Banks, DOJ, Public Accommodation, Title III

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Sanctuary Jurisdiction Policy Could Impact Disaster Recovery

On January 25, 2017, President Trump issued Executive Order 13768, "Enhancing Public Safety in the Interior of the United State